[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin 2-14-2023 by Ord. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 197,
Fireworks, adopted 11-13-2018 by Ord. No. 3-2018.
This chapter shall be known as the "North Franklin Township
2023 Comprehensive Fireworks Amendment Ordinance."
This chapter is adopted pursuant to the authority granted under
Pennsylvania's fireworks regulations and laws as adopted and
codified by the Pennsylvania Legislature at 72 P.S. § 9401
et seq., and pursuant to the authority to regulate fireworks as set
forth in the Second Class Township Code.[1] This chapter is adopted with the intent to comply with
such state fireworks laws, properly regulate fireworks and pyrotechnic
use within the Township, and to protect the health, safety, and welfare
of Township citizens through limiting and regulating the use of fireworks.
It shall be unlawful for any person, persons, firms, corporations,
or other entities to possess, sell, or use fireworks, pyrotechnics
and flame effects in violation of this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
The term includes any combustible or explosive composition or
any substance or combination of substances which is intended to produce
visible or audible effects by combustion, is suitable for use by the
public, complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and complies with the provisions for "consumer fireworks"
as defined in APA 87-1, the sale, possession and use of which shall
be permitted throughout this commonwealth.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale,
possession and use of which shall be permitted at all times throughout
this commonwealth.
A professional pyrotechnician possessing a current, valid
registration with the Pennsylvania Attorney General.
The area immediately surrounding the fireworks mortars used
for the outdoor display of display fireworks.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation. The term includes, but is not limited
to:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
The immediate surrounding area where a display of display
fireworks is conducted, including the discharge site, the fallout
area, and the required separation distances from mortars to spectator
viewing areas.
Any items defined as "ground and hand-held sparkling devices,"
"novelties" and "toy caps" in American Pyrotechnics Association (APA)
Standard 87-1. See also 72 P.S. § 9401 et seq.
A.
Standards referenced.
(1)
NFPA 160. Standard for Use of Flame Effects Before an Audience, 2011
Edition.
(2)
NFPA 1123. The National Fire Protection Association Standard 1123(14),
Code for Fireworks Display, 2014 Edition.
(3)
NFPA 1124. The National Fire Protection Association Standard 1124(06),
Code for the Manufacture, Transportation, Storage and Retail Sales
of Fireworks and Pyrotechnic Articles, 2006 Edition.
(4)
NFPA 1126. Standard for Use of Pyrotechnics Before a Proximate Audience,
2011 Edition.
B.
All references herein shall be to the most current edition as amended
from time to time without any further specific reference.
A.
Permit applications shall be submitted to the Township, in writing,
at least 15 days' prior to the requested date of display/discharge.
B.
Permit applications shall include the name, date, location, time
and type of fireworks to be displayed, along with any additional information
required by the Township as set forth in a fireworks application prepared
by and amended from time to time by the Township.
C.
Permit fees to be set by resolution by the Township's Board
of Supervisors.
D.
No permit shall be transferable.
E.
Permits shall not be subject to a weather continuance unless specifically
stated upon the permit issued.
F.
Unless waived/amended upon the decision of the Board, proof of insurance
in the amount of $1,000,000 shall be provided as part of the permit
application.
G.
Bond. The Code Official may require the applicant to obtain a bond
in the amount of not less than $50,000 for payment of damages caused
to any person and to any property by reason of the licensed display
and arising from any acts of the licensee or licensee's agents,
employees or subcontractors. The bond shall be filed with the Township
before any permit for a display is delivered.
A.
It shall be unlawful for any person, agents, organizations, firms
or corporations to have or hold any displays/discharges of consumer
and/or display fireworks within the limits of the Township of North
Franklin without a permit.
B.
Any fireworks (other than display fireworks) and similar-type noisemaking
devices used solely for agriculture purposes in the Township shall
be required to have a permit for said activity. Said permit shall
be good for one year from the date of issue.
C.
No permit shall be required for the discharge of novelty fireworks.
D.
Consumer fireworks are not allowed to be possessed or discharged
within the Township without a permit.
E.
Permits for consumer and/or display fireworks may be granted in the
Township on a case-by-case basis, at the sole discretion of the Township
and shall not be permitted between the hours of 10:00 p.m. and 10:00
a.m., unless specifically provided for, in writing, by the Township
as part of the permit approval. This time period restrictions shall
not apply on the following dates:
(1)
Memorial Day, including the immediately preceding Saturday and Sunday.
(2)
Labor Day, including the immediately preceding Saturday and Sunday.
(3)
July 2, 3, and 4. (If July 4 falls on a Tuesday, Wednesday, or Thursday,
they may be used until 1:00 a.m. on the immediately preceding and
following Friday and Saturday.)
(4)
December 31 when they may be used until 1:00 a.m.
F.
No person may use consumer fireworks within 150 feet of an animal
housing facility or a fenced area designed to confine livestock owned
or managed by another person. If a person uses consumer fireworks
at a distance of 150 feet to 300 feet from an animal housing facility
or fenced area designed to confine livestock owned or managed by another
person, the user of consumer fireworks shall notify, in writing, the
owner or manager of the livestock at least 72 hours in advance of
the use that consumer fireworks will be used in the area.
G.
A person who is at least 18 years of age and meets the requirements
of this chapter and all applicable laws and regulations may purchase,
possess, and use consumer fireworks. A person or entity using consumer
fireworks pursuant to this chapter also shall comply with all applicable
federal and state laws.
H.
Additional use prohibitions. A person may not intentionally ignite
or discharge consumer fireworks in the following manners and/or locations:
(1)
On public or private property without the express written permission
of the owner;
(2)
Inside a motor vehicle or occupied structure;
(3)
From a motor vehicle or occupied structure;
(4)
Into or at a motor vehicle or occupied structure or at another person;
(5)
While under the influence of alcohol, a controlled substance or another
drug;
(6)
Within 100 feet of an occupied structure;
(7)
Within 100 feet of a structure housing animals;
(8)
Upon any Township roadway, park, public space, or any other Township-owned
property, unless specifically authorized, in writing, in advance by
the Township;
(9)
Within 150 feet of any flammable gases or liquids, including, but
not limited to, tanks of gasoline, oil, propane, and/or oxygen;
(10)
Within 150 feet of any explosive materials, including, but not
limited to, gunpowder, ammunition, and/or other fireworks, excluding
the consumer fireworks to be ignited or discharged and the source
of the ignition/discharge;
(11)
Within 150 feet of any aboveground electrical lines or utility
poles; and/or
(12)
In a manner such that the sparks or any portion of the fireworks
may land upon the property of another person without that property
owner's express written permission.
The Township and/or its designee reserves the sole discretion
to revoke a permit if it deems it in the best interest of the Township,
its residents and/or the public at large.
Penalty for violations: Any person, partnership, corporation,
or association violating the provisions of this chapter or failing
to comply with any order issued pursuant to any section thereof shall
be guilty of a civil offense, and, upon conviction thereof, shall
be liable for a fine not less than $100 or not more than $1,000. Each
day that a violation continues shall be deemed to be a separate offense.
Any Township ordinances or provisions of the Township Code which
are inconsistent herewith are hereby repealed to the extent of any
such inconsistency.
If any sentence, clause, section or other part of this chapter
is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter, which would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter shall become effective five days after adoption.
